can any way be pregnant to proue the other And touching his assumption viz but the planting of the gouerment practised by the Apostles and primitiue Church will draw with it many great alterations of the state of gouerment of the lawes If in this place he vnderstood the state of Church gouerment and of the lawes Ecclesiasticall now in vse then is the proposition true And yet notwithstanding we avow the Gospell to be so farre from incurring any ouerthrow by such an alteration as thereby it is certayne that the same shal more more florish and be perpetuallie established by reason that this alteration should be made frō that which by long experience is knowne to be corrupt vnto that which is knowne by the holy Scriptures to be pure and sincere From a gouerment I say and lawes authorized by tradition and commandements of man alone to a policy lawes founded and descended by and from God him selfe But if the Admonitor by the assumption ment to enforme vs that the planting of the Apostolical gouerment will draw with it manie and great alterations of the temporall state of gouernment and of the temporall lawes statutes or customes of the kingdome then as before to his first so now also to his seconde I answere negatiuely and affirme that the The planting of the Apostolicall gouermēt will draw no alteratiō of the lawes of the realm with it planting of the said Apostolicall gouerment will not draw with it any least alteration of anie part of that temporall state of gouerment nor almost of anie one common statute or customarie law of the Land which may not rather bee altered thē reteyned For this platforme of gouerment we are able by the helpe of God to defend the same generallie for the most part to be most agreeable and correspondent to the nature qualitie disposition estate of our countrey people common weale and lawes as in our particular answeres to his particular reasons shall more at large appeare In all new and extraordinarie alterations it is not onely requisite to abolish al bad opinions out of the minds of those that know not the drift of the enterprisers but it is also necessarie that the defence of such alterations be made forcible against the opposition of all gaynesayers We will descend to the particulars ioyne issue with the Admonitor And vpon allegations exceptions witnesses and recordes to be made sworne examined and produced out of the holie Scriptures and lawes of the Land alreadie setled on the behalf of our cause before our Soveraigne Lord the King his Nobles and cōmons in Parleament we shall submit our selues and our cause to the Kings Royall and most Christian Iudgement In the meane time we 〈◊〉 that not onely the former clause of this admonitorie Bill but that al other clauses following in the same bill for the invaliditie insufficiencie indignitie and nullitie of them are to be throwne out and dismissed from the Kings Court especiallie for that the particulars opened by the Admonitor can not serue for any reasonable warning to induce the common people to relie themselues vpō his I am of opinion to the which wee plead at barr as followeth Admonition First saith he the whole State of Pag. 77. the Lawes of this Realme wil be altered For the Canon Law must be vtterlie taken away with all Offices to the same belonging which to supply with other lawes and functions without many inconveniences would bee verie hard the vse and studie of the civill law wil be vtterly overthrown Assertion When by a common acceptance and vse of speech these words whole state of the lawes of the Realme are vnderstood of the common and statute lawes of the Realme that is to say of the Kings temporall lawes and not of Canon or civill lawes it cannot followe that the whole state of the lawes of the Realme should Canon and civil laws no part of the laws of the Realme but only by sufferance be altered though the Canon and civill lawes with all Offices to the same belonging should be vtterly taken away be wholy overthrowne For no more could the Admonitor prove the canon or civill law at any time heretofore to haue bin any part of the lawes of this Realm otherwise then onlie by c 2. 25. H 8. C 21. in the preamble sufferance of our Kings acceptance long vse and custome of our people then can any man proue a parsly-bed a rosemary-twigge or an ivie-branch to be any part of the scite of the Castle of Farnham And therefore he might aswell haue concluded thus the whole scite of the Castle of Farnham wil bee transposed for the Boxetrees the heythorn arboures and the quicke set hedges planted within the Castle-garden must be removed cast away which were but a proof proouelesse and a reason reasonlesse If then by the abrogation of the canon or civill law scarce any one part of the lawes of this Realme should bee changed what reason haue we to thinke that the whole state of the lawes of the Realme must be altered Besides to conclude the whole by an argument drawen ab enumeratione partium and yet not to number the tenth part of such parts as were to bee numbred is I am sure neither good logike nor good law Moreover if all the canon-law I meane all the papall and forraigne canon law devised and ordeined at Rome or els where without the Realme and consequently all the Offices functions to the same belonging bee alreadie vtterlie taken away what hope of reward can Civilians expect from the vse of such things as are within the compasse of that law or of what efficacie is this argument to prove an alteration of anie part of the lawes of this Realme or that the studie of the Civill Law should be vtterly overthrowne For the whole state of the lawes properlie called the lawes of the Realme hath stood and continued many yeeres since the same Papal and canon law was abolished And as touching the Civilians for them to seeke after prefermentes by An imbasemēt for Civiliās to haue preferment by offices of the canon law offices and functions of the canon law is an embasement of their honorable profession especiallie since farre greater rewardes might verie easilie be provided for them if once they would put to their helping handes for the onely establishment and practise of the civil law in the principall causes now handled by them in the Courtes called Ecclesiasticall The canon law be abolished out of the Realme ought not to be vsed But how may it be proved that the Papall and forreign canon law is alreadie taken away and ought not to be vsed in England For my part I heartilie wish that some learned men in the common law would vouchsafe to shew vnto the King and Parleament their clere knowledge in this point In the meane season I shall not be negligent to gather set downe what in mine
haeredibus nostris in perpetuum quod Ecclesia Anglicana libera sit habeat omnia iura sua integra libertates suas illaesas We haue graunted vnto God and by this our present writing haue confirmed for vs and for our heyres for ever that the church of England be free and that shee haue all her rights and liberties whole and vnhurt Nowe by this Charter if the same be cōstrued aright there is provision made first that such honour and worship bee yeelded by the King and his subictes his and their successors and posteritie vnto God as truely and in deed belongeth vnto him Secondlie that not onely such rightes and liberties as the King his progenitors but also that such as God had endowed the Church of England with should inviolably be preserued And in verie deed to speake truely properly such rights and liberties onely are to be called the rightes liberties of the church of England which God him selfe hath giuen by his lawe vnto his vniuersall Church not which the Kings of England by their Charter haue bequeathed to the particular church of England When therefore questiō is made that by the great Charter the Kinges of England are bound to maintayne the rights and liberties of the Church of Englande we are to enquire and search what rights and liberties God in his holie word hath granted vnto his vniversall Church and so by consequence vnto the Church of England one part of the Catholike church And this questionlesse was the cause that moved the victorious Prince Henry the eight so effectuallie and powerfully to bend him selfe against the Popes supremacie vsurped at that time over the Church of England For saith the King wee will with hazard of our life and losse of our Crowne vpholde and defend in our Realmes whatsoever wee shall know to be the will of God The church of God then in England not being free nay having her rights and liberties according to the great Charter whole and vnhurt but being in bondage and servitude to the Sea of Rome contrarie to the lawe of God the King iudged it to stande highlie with his honor with his oath according to the measure of knoweledge which then was giuen vnto him to reform redresse amend the abuses of the same Sea If then it might please our gratious Soveraigne Lord King IAMES that now is treading in the godly steppes of his renoumed great Vncle to vouchsafe an abolishment of all lordlie primacie executed by Archiepiscopal Episcopall authoritie over the Ministers of Christ His Highnes in so doing could no more rightlie bee charged with the violation of the great Charter then might King HENRY the eight with the banishment of the Popes supremacie or then our late Soveraigne Ladie the Queene could be iustlie burthened with the breach of her oath by the establishment of the Gospell Nay if the Kings of England by reason of their oath had bin so straightlie tied to the wordes of the great Charter that they might not in anie sort haue disannulled any supposed rightes liberties of the church then vsed and confirmed by the great Charter vnto the church that thē was supposed to be the Church of God in England then belike King Henrie the eight might bee atteinted to haue gone against the great Charter and against his oath whē by the overthrow of Abbayes Monasteries he tooke away the rightes and liberties of the Abbotts and Priors For by expresse wordes of the great Charter Abbotts and Priors had as ample and as large a Patent for their rightes and liberties as our Archb. Bb. can at this day chalenge for their primacies If then the rightes and liberties of the one as being against the lawe of God be duly lawfully taken away notwithstanding any matter clause or sentence conteyned in the great Charter the other haue but litle reason by colour of the great Charter to stand vpon their pantofles and to contend for their painted sheathes For this is a rule maxime in all good lawes that in omni iuramento semper excipitur authoritas maioris vnlesse then they be able to iustifie by the holy scriptures that such rightes and liberties as they pretend for their spirituall primacie over the Ministers of Christ to be granted vnto them by the great Charter be in deed truth likewise confirmed vnto them by the holy law of God I suppose the Kinges Highnes as a successor to King Henrie the third and as a most iust inheritour to the Crown of England by the words of the great Charter and by his oath if once the same were taken to be bound vtterlie to abolish all Lordly primacie as hetherto vpheld and defended partly by ignorance and partlie by an vnreasonable and evill custome Admonition The vse and studie of the civill lawe wil be vtterly overthrown for the Civilians in this Realme live not by the vse of the civill lawe but by the offices of the canon lawe and such things as are within the compasse thereof And if you take those offices and functions away and those matters wherein they deale in the canon lawe you must needes take away the hope of rewarde and by that meanes their whole studie Assertion This collection dependeth vppon his former Reason is borrowed to proue a necessary continuance of canon law and concludeth in effect thus The taking away of the reward and maintenance of Civilians wil bee the overthrowe of the vse and studie of the civill lawe But the taking away of the canon lawe the offices and functions thereof and such things as are within the compasse of the same wil bee the taking away of the reward and maintenance of Civilians Therefore the taking away of the canon lawe wil be the overthrowe of the vse and studie of the civill lawe But we denie the assumption and affirme The maintenance of Civiliās dependeth not vpō the functions of the canon lavve that Civilians might haue farre better reward maintenance then now they haue if the offices and functions of the canon lawe and such things as are conteyned within the same were simply and absolutely taken away And further we say if there were none other vse nor end of the studie of the civill lawe then hope of reward and maintenance by some office function of the canon lawe that then Civilians should in vaine seeke for knowledge in the civill lawe because without the knowledge thereof and by the only knowledge of such things as are within the compasse of the canon law they might reape that rewarde and maintenance Nay sithens by experience wee haue known that some who neuer vnclapsed the institutions of Iustinian out of the same to learne the definition of civill iustice haue bin yet are authorized to exercise the offices and functions of the canon law how should the studie of the civill lawe bee furthered by these offices and functions when as without any knowledge of the civill
them as by any of the reverende Bishops or venerable Archdeacons their Chancelors or Officials If there be ame exception alleaged by the defendant as of composition prescription or privilege the Kinges Iustices are as able to iudge of the validitie of these as they are now able to determine customes de modo decimandi or of the vse of high wayes of making and repayring of bridges of commons of pasture pawnage estovers or such like Trueth it is that of legacies and bequestes of Legacies how they may be recouered at the coÌ„mon lawe goods the reverend Bishops by sufferance of our Kinges and consent of our people haue accustomablie vsed to take cognyzance and to hold plea in their spirituall Courts Notwithstanding if the legacie be of landes where landes be divisible by Testament the iudgement thereof hath ben alwayes vsed and holden by the Kings writ and never in any ecclesiasticall Court Wherfore if it shall please the King to enlardge the authoritie of his Courtes temporall by commandinge matters of legacies and bequestes of goods aswell as of landes to be heard and determined in the same it were not much to be feared but that the Kings Iustices the Kings learned Counsell and others learned in the law of the Realme without any alteration of the same law would spedelie find meanes to applie the grounds thereof aswell to all cases of legacies and bequests of goods as of landes For if there bee no goods divisible by will but the same are grauÌ„table and confirmable by deede of gift could not the Kings Iustices aswel iudge of the gift of the thing given by will as of the graunt of the thing graunted by deede of gift or can they not determine of a legacie of goods aswell as of a bequest of landes If it should come in debate before them whether the Testator at the time of making his will were of good perfect memorie vpon profes and other circumstances to bee opened and made of the Testators memorie by livelie testimonies either the Admonitor must condemne the Kinges learned and discreete Iustices to be 〈◊〉 mentis insanae memoriae or els it must be confessed that they be as well able to iudge of the distraction of wits and vnsoundnes of memorie in a person deceased as they be to determine the question of Lunacie madnesse or idiocie in a man living If anie question should arise vpon the revocation of a former will of the ademptioÌ„ of a legacie or of a legacie giuen vpon coÌ„dition or in diem it would be 〈◊〉 matter for the learned Iudges vpon sight of the Will and proofes to be made to define which is the first and which is the last will whether the legacie remayne or whether it be revoked whether it be legatum per rerum or 〈◊〉 whether condicionall or without condition And if it bee condicional whether the same be possible or impossible honest or dishonest and if it be 〈◊〉 whether the day bee past or to come But there lyeth no action at the commoÌ„ lawe for a legatorie against the executor to recover his legacie I graunt But a creditor to recover his dâ—â—t due by the testator vpon specialtie may bringe an action at the common law against the executor And then what is the cause that a creditor may recover his debt that a legatorie can not recover his legacie in the Kinges Court but onlie for that remedie could not be giuen vnto legatories complaynantes by any writt out of the Chancerie And therefore that such plaintifes might not be deferred of their right 21. Ed. 1. statute vpon the writt of consultation remedie in such cases to their great damage it hath pleased the Kinges by sufferance to tolerate the Church officers to determine these cases Wherefore if it might please the King to cause Writtes to bee made out of his Court of Chancerie for the recoverie of Legacies it were cleere by the common law of the Realme as from the statute may be gathered that the cognizance of these cases did not appertayne anie more to the spirituall Court. For then might the legatorie by that Writt bring an actioÌ„ against the executor to obteine his Legacie But how should that action be tryed How even as other actions of debt detinue or trover be tried namelie as the case should require either by the countrey or by the Iudges vpon a moratur in lege As Testamentes with their adherences so likewise matters of Spousalles Matters of mariages more meete to bee decided by the Kings then by the Bb. officers Mariages divorces c. togither their accessories by common right of the Imperiall Crowne did in auncient times properlie apperteyne to the examinations and sentences of the Emperours them selues to their Provostes Deputies and Presidentes of Cities and Provinces as by the several titles de Testamentis Legatis Fidei commissis Nuptijs repudijs divortio dote c. in the books of the civil law appeareth By the Law of England also the King hath the mariadge of an heyre being within age in his warde Widowes also that hold of the King in chiefe must not marie them selues without the Kings licence And by an Act made 4. and 5. Phil. and Mary there is a streight punishment provided against all such as shall take away Maydens that be inheritors being within the age of sixteene yeres or marie them without consent of their Parentes And what reason letteth them that the King might not as well haue the care and cognoyzance of all the coÌ„tractes of mariage especially of the mariage of all children and Widowes in his temporall Courtes as he hath of some parties to bee contracted of the Dower of the ioynture of the dis aragment of the age of the 〈…〉 way of the deflouring and of manage without parentes consent in some cases or what a verie great alteration of the common Law could ensue in case the Kings temporall Iustices did examine and determine whether the contract were a pefect and simple or condicionall contract yea or no For if vpon the statute made by Phi. and Mary that Maydens and Women children of Noble men GentlemeÌ„ c. being heyres apparant c. and being left within age of xvj yeares should not marie against the will or vnknowing of or to the Father or against c. If I say vpon the publishing of this Act there hath no alteration of the common law hitherto followed it is but a meere superstitious errour to feigne that a change of the coÌ„mon law must followe if so be this statute were extended to all children both Sonnes and Daughters of what parentage sexe estate or age so euer For if the King in his temporall Courts had the definitioÌ„ of all aswell as of some contractes made by children without consent of parents then should a multitude of lewde and vngodlie contractes made by flatterie trifling gifts faire and goodly promises of many vnthriftie and light personages
Realm though that thorough sufferance and negligēce any thing should at any time be attempted to the cōtrarie For whereas before the statute of Caerlile the Bishoppe of Rome had vsurped the Seignories of such possessions and benefices as whereof the Kinges of the Realme Earles Barons and other Nobles as Lords and Avowes ought to haue the custodie presentements and collations King Edward the first by the assent of the Earles Barons and other Nobles of all the communaltie at their instancies and requestes and without mention of anie assent of the state of prelacie in the said Parleament holden at Caerlile ordeyned that the oppressions greevances and damage susteyned by the Bb. of Romes vsurpation should not from thenceforth be suffered in any manner And for as much as the greevances and mischieves mentioned in the said Act of Caerlill did afterward in the time of K. Edward the thirde daylie abound to greater damage and destruction of the 31. Ed. 5 sta of heering 36. Ed. 3. c. 8. Realme more then euer before and that by procurement of Clerkes purchasers of graces from Rome the sayde King Edward the third by assent accord of all the great men and cōmons of his Realme and without mention of any assent of Prelates or Lords spirituall having regarde to the saide Act of Caerlile and to the causes conteyned in the same to the honor of God and profit of the Church of England and of all this Realme ordeyned and established that the free elections of Archbishopps Bishoppes and all other dignities and benefices electiue in Englande should holde from thenceforth in the manner as they were graunted by the Kings progenitors and founded by the Ancestors of other Lords And in diuers other statutes made by King Ed. the third it is said that our Soveraigne Lord the King by the assent of the great men and all the cōmons hath ordeyned remedy c. That it was accorded by our Sovereigne Lord the King the great men and all the commons that the Kinge chieflie 8. Edw. 3. 〈◊〉 statute of Provisours desiring to susteyne his people in tranquillitie and peace and to governe according to the lawes vsages and franchises of his lande by the assent and expresse will and accord of the Dukes Earles Barons and the commons of his Realme and of all other whom these things touched ordeyned that all they c. By which desire of the Kinge and wordes of the Act wee learne that our Sovereigne Lord Kinge IAMES may susteyne his people in tranquillitie and peace and governe accordinge to the lawes vsages and frāchises of his kingdome though the assent and accord of Prelates bee never required to the enacting of anie statute in Parleament Nay such hath bene and yet is the power of The king with the assent of the Nobles and commons may repeale Statutes without cōsent of Prelates 15. Ed. 3. the King that with the assent and accord of the Nobles and commons hee hath authoritie to adnull and make voyde even those Actes which in favor of Prelacie and assent of Prelates haue bene enacted in Parleament As by an Acte made in the time of King Edwarde the third is plainlie to be seene For whereas the Kinge by assent of the Prelates Earles c. had willed and graunted for him and for his heyres certeyne articles firmelie to be kept and holden for ever namelie that the Ministers of holie Church for money taken for redemption of corporall penance nor for proofe accompt of Testaments nor for solemnitie of Mariage c. should not be impeched c. before the Kinges Iustices nevertheles the same Kinge in the same yeere with assent of the Earles Barons other wise men of the Realm and without assent of Prelates revoked and adnulled the same articles againe Againe King Richard the second hearing the complaints of his faithful liege 3 Ric. 2. cap. 3. people and by their clamour in diuers Parleamentes of divers abuses crept in against the solemne and devour ordinations of Churches c. at the request 7 Ric. 2. cap. 12. complaint of the Commons by the advise and common assent of the Lordes temporal without mētion of any Lords spirituall is said to haue ordeined That none of the Kinges liege people c. should take or receive within the Realm of England any procuracie c. And in the eleventh yeare of of the same same Kings reigne it is specially provided that the appeales pursuits c. made given in the same Parleament be approved affirmed stablished as a thing duly made for the weale and profit of the King and of all the Realme notwithstanding that Act Mo. Rich. 2. the Lords spirituall and their Procurators did by protestatiō absent them out of the Parleament at the time of the said iudgment given And the like protestation being made by the Prelats Clergie at a Parleament holden the thirde yeere of the same King it was replied for the King that neither for their said protestation or other words in that behalf The King bound by his oth to do his laws to be made though prelates protest against him the King would not stay to graunt to his Iustices in that case and all other cases as was vsed to be done in times past and as he was bound by vertue of his oath at his Coronation By all which premises it is as cleare as the sunne shining at noone day that the Lordes spiritual bee so far from making any one of the three Estates as that if it please the King they may not be so much as any member or part of any of the three Estates at all If in the time of King Henry the eight the Lords spirituall being then more in The Lords spiritual no principall members of the Parleament otherwise then as the King pleaseth number then the Lordes temporall had bene but such principal members of the high Estate of Parleament as without whō neither law could haue bin made Monasterie nor Priorie might haue ben dissolved what could the Kinge haue done as Head and the Commons haue done as feete and the Nobles haue done as the Heart the Liver and the Longes to the dislording and discloystering of the Abbots and Priours the Monkes and the Friers of those dayes In case the Prelates with their armes and with their shoulders with their handes and with their hornes had heaved and shouved had pushed and thrusted to the contrarie But to come nearer vnto our owne times and remembrances if it can not be proved that anie one Lord spirituall No Lordes spiritual present in parleament 1 Eliza. was present in Parleament or gaue anie assent to the enacting of statutes made in the first yere of the Queenes Maiesties raigne deceased but that it be a cleare case that the auncient iurisdiction preheminences rightes and priviledges of the Kinges Crowne were restored that poperie and superstition was banished the doctrine of the
before such time as he did heare or see the Parish Clerke to trudge with the Church-dore keyes to let in the Sextin to ring the bell for the saide Parson or Vicars induction and reall possession And if the people of every Parish had their consents in the choyse and approbation of their Minister were it possible to haue lesse acquaintaÌ„ce with him then this For we avow that the people ought not to giue their consents vnto any Pastour before they haue seene him before they haue heard him devide the worde before they haue procured a good testimonie of his gifts from those who by the worde haue interest to approove him and lastly before they haue gotten sufficient notice of his condition estate conversation birth education and life Wherefore these thinges being carefully and diligently searched into not by one but by many not for a fee but of duty not for reward but for conscience not for one day but for many dayes I trust it will not still bee holden for an oracle that the people should haue as litle acquaintance with their Ministers as now they haue As for the seconde point that farre No partiall suits caÌ„ follow the election of Ministers by the people greater occasions of partiall suits should follow this manner of common electioÌ„ whereof we speake then nowe there is this is also I say not true nay that farre lâ—sse occasion of partiall suites should follow then now there is this I saye is true For by this meanes all partiall suites now happening may eyther bee extinguished or with lesse charges pursued then now they be For there can bee no suites much lesse can there bee anie partiall suites when neither Plaintif nor defendant may be fouÌ„d where also there can lie no writ nor any action be commenced For who be the parties betweene whom these partiall suites should arise Be there many Ministers who for one place and at one time are found meete for the same And do they sue and contende one against another which of them should possesse the place or should these so many partiall suites consist betweene the inhabitants of one Parish one part leaning to one side and another part cleaving to the other side Touching the Ministers we affirme that none may or ought to sue or sollicit any mans voyce directly or indirectly much lesse to labour for a place of Ministerie And therefore we desire by an irrevocable law according to the manner of the Medes and Persians to haue it enacted That as well every procurer and labourer for a voyce as also every suitor and sollicitor for a place of Ministerie bee adiudged ipso facto incapable for ever of the same place For the second touching partiall suits to arise betwene the No occasion of partiall suits about election betweene parishioners Parishioners about the election of their Pastour these suits for ought I yet conceaue wherein I graunt I may erre and conceave too litle may easelier bee dispatched then bee once begunne Parishioners ordinarily in the Countrie sue not ne molest one the other for pleasure but for profit they are not so lavish of their purses nor so carelesse of their thrifts as to iangle in vaine when before hand they know there is no hope of gayne And in deed what advantage or what pleasure should Ancientes divided against Ancientes and chief men distracted against chief men in a Parish about the election of a Minister reape by such a division and distraction Besides by our daylie experience wee haue learned that verie rarely or not at all about elections made by the people of any officers eyther in the Countrie or in Cities and Townes anie variance or partiall suites haue bene stirred betweene the Electors For though some times perhappes they varie in their iudgementes one from another yet rest they more wise provident then to empaire their owne estate to advance an other mans reputation And if in former times there hath no occasioÌ„ of partial suits touching publike Officers in the common weale No partiall suites can be among parishioners when one only is propounded to bee chosen by them fallen out betwene the people when out of a multitude they haue chosen one much lesse can there be any occasion of partiall suits if onlie there remaine but one to be chosen to be a Church-Officer For if all the ancients agree to chuse that one then is all the suite about him ended and if the greater part disagree yet this their disagreement can bee no occasion to breed and nourish suite and contention And why first because no other cause by the greater part ought to bee alleaged to withdraw their consent but only such a cause as the law should precisely allowe in the same case to be a iust cause Secondly because this iust cause before the day of election ought to be made known vnto the Magistrate and by him to bee approved so that if the greater parte vpon the day of election shall dissent not having before hande alleaged and provided a iust cause of their dislike the voyces of the lesser part as being supposed the better part shall prevaile confirme and make good the election Oh! heere is much saide my Lordes spoken of a choise election to be made by the Ministers people by proofes to be made before the Magistrate but here is not any one word spoken or any mention made of the Patrone of the Bishop or of the Archdeacon of presentation institution or induction And what an alteration and innovation would that bee and what a dangerous attempt were it to alter lawes setled and that Patrones should be curbed and that Bishops and Archdeacons should not medle in these businesses any more Well then to wipe away as much as in me lyeth this cavillous reproch obloquie from the servants of God who are chalenged to bee newfangled giddie-headed fanaticall spirites strange innovators and desirers of perilous alterations to wipe away I say this slaunder If it may please the King with his The forme of Church policie now in practise by the Bishops the platforme of Church policie desired to bee planted by Pastours compared together Princely wisdome to conferre the forme of pollicie now in vse and practise touching ordinations presentations institutions and inductions by Bb. Patrones Archdeacons with the maner of that platforme of Discipline coÌ„cerning the substance of these things which is propounded And if the Propounders preferre but the commaundement of God before the traditions of men but the Kings Crowne before the Bishops Myters but a feast of fat things yea of fatt things full of marrow before leane spits and emptie platters but a feast of wines yea of wines fined and purified before sower vntoothsome whey I hope his Maiestie will gratiouslie vouchsafe so to protect the propouÌ„ders being his faithfull loving and obedient subiectes as that hereafter they shall not be charged with any moe so vniust and scandalous imputations
the ordinaries in every Parish for the better retayning of the people in obedience vnto divine service In everie Parish saith the Iniunction three or foure discrete men which tender Gods glorie and his true religion shall be appointed by the ordinaries diligentlie to see that all the parishioners duelie resort vnto their Church vpon all Sundayes and holie dayes and there to continue the whole time of the godlie service And all such as shall be negligent in resorting to the Church having no great or vrgent cause of absence they shall streightlie call vpon them and after due admonition if they ameÌ„d not they shall denounce them to the ordinarie Thus far the iniuction Which that it is not meant of the Church Wardens appeareth by the verie next article for vnto them as is assigned an other name so also another Office That sidemen also are not these kinde of overseers is playne in that they be neither so manie in number as are here required neither chosen by the ordinaries neither yet do they admonish denounce according to this article Wherefore because it is meete that the effect of this Iniunction being religious should bee put in due execution it seemeth a thing verie reasonable and much tending to the honour of the King that his Highnes vnder his letters patents would bee pleased to appoint three foure or more discrete and faithfull persons in everie Parish not onely to performe the effect of this article but also generallie to oversee the life and maners of the people that without great vrgent causes they resorte not vnto Typling-houses or houses of evill note and suspected fame and that vpon the Sabboths they vse no Heathnish dauncing about their disguised May-poles And after due admonition if they amend not to denouÌ„ce them to the Pastor of the place For then might the Pastor be encouraged to giue Book of the forme of ordeining Priestes his faithfull diligence as at the time of his ordination hee solemlie promiseth vnto the Bishop alwayes to Minister the Doctrine and Sacramentes and Discipline of Christ as the Lorde hath commanded by which words inserted in the booke there is a plaine and open confession made by al estates in Parleament that Christe hath not onely established Everie Minister ought to minister the discipline of Christ in his own cure by consent of parleament discipline but a certaine forme of discipline in his Church and that the Pastor to whom the care and charge is committed to teach the people ought to minister the same discipline For it had bene a verie absurd parte for the Parleament to appoint the Bishop to receaue a promise from the Minister to minister the discipline of Christ if Christ had not instituted a Discipline or that the same discipline which he instituted had not in their iudgements belonged vnto the Minister And therefore this verie letter of the booke coÌ„vinceth the whole answere made vnto the abstract touching this point to be verie erroneous frivolous and impertinent to the point in question For whereas in the abstract it is alleaged that the Bishop by vertue of The Minister by promise bindeth himselfe to Minister the discipline of Christ the order and forme appointed by acte of Parleament bindeth the Minister aswell to minister the discipline of Christ within his cure as the doctrine and Sacramentes of Christ as the Lorde hath commaunded c. herevnto first he answereth that these clauses do not dispositively Pag. 55. Pag. 60. ordaine any thing for discipline as though the lawe ment by authoritie hereof to establish that the order in these thinges by the Realme receaved should be holden as agreeablie to the word of God but must be taken enunciatively to declare and affirme that following the order by law established they should doe agreeable to Gods will But alas what repugnancie is there heard for howe Regugnance in the aunswere to the abstract can the law declare and affirme that the Ministers following the order by lawe established shall doe agreeablie to Gods will if the order in these thinges by the Realm receaved should not by the meaning of the law bee holden as agreeable to the word of God What doth the law meane that a man can doe agreeably to Gods will in any thing whiche is not agreeable to his word or if the law haue established an order in the discipline which is not agreeable to Godes worde shall the Ministers do agreeably to Gods will if they follow the Lawe For the meaning of the law is plaine viz. that the Minister by vertue of his promise made to the Bishop shall be no further bound to minister any Doctrine Sacramentes or Discipline receaved by the Realme vnlesse the Realme haue receaved the same according to the coÌ„mandment of God For the ParleameÌ„t having a religious consideration that the Minister of Christ must not haue so much respect what the lawe of the Realme as what the law of God commaÌ„deth carefully provided for his indemnitie in this behalfe Besides what a friuolous comment hath hee made vpon the wordes of the A frivolous comment vppon the wordes of the booâ—e of ordeining Priestes c. booke when he sayth that these wordes of the Bishopp doe not dispositiuely ordeyne any thing for discipline When as the question is not whether the Bb. words but whether the lawe and booke dispose any thing for discipline For the Bishop being but a servaÌ„t to the booke and to the lawe and one vnto whose fidelitie the execution of the law booke is committed though he doe not by his wordes dispose any thing of Discipline yet by his demaunde hee sheweth vnto the Minister that the office of the Ministration of discipline within his cure charge is committed vnto him that by his ordination his person is fully inabled aswell to minister the Discipline as to preach the doctrine of Christ And herevpon also falleth to the ground his other answere as wholie impertinent to the point in questioÌ„ For where he saith that the Lawe meant not by authoritie hereof to establish that the order of these things by the Realme receaved should be holden as agreeable to the worde of God this I saye seemeth wholie to bee impertinent to the purpose of the abstract For there is no such thing insinuated The answer to the abstract wholie impertinent to the point in question to be intended by the statute onely the scope of the Authours drift in that place seemeth to be this viz. That everie Minister by vertue of his promise enioyned by act of Parleament to be made by him and by the office of ministerie taken vpon him at the time of his ordination hath bound him selfe to minister the doctrine sacramentes and discipline of Christ as the Lord hath commaunded And what then if the Lawe The not disposing in perticularitie all rites ceremonies of discipline doeth not hinder the exercise of discipline by the Minister haue not
or condemned by forrein power or by forren lawes There shall no husbandrie no clothing no handicraft no mariner no marchaÌ„dize no lawes of the land no maner of good learning whatsoeuer in Schoole Colledge or Vniversitie bee decreased or laid aside Wherfore the Admonitor toying neuer so much how so euer he hath made his flourish cast about with his May bees his I feare his I pray God his yfes his andes howsoeuer I say it pleased him to trifle with these gew gawes yet shall none euer be able to proue by anie proofes dravvne from the holy Scripture or humane reason that anie hinderance in dignitie or incumbrance can euer betide our Nobles our Commons the state of our Countrey people lawes or common Weale if the state of church-gouermeÌ„t were translated from Archbishops Bishops Archdeacons Chancelours CoÌ„missaries and Officialls which are officers in the house of God onelie according to the commaundements and traditions of men vnto the gouernment practised by the Apostles and primitiue Church which they can not denie but must coÌ„fesse to haue bene according to the holy pleasure of God Nay our Nobles and our commons are most assured to be so farre from being endamaged or loosing ought hereby as herby they shall purchase that vnto them selues which neuer yet any oppugner of so good and holy a cause could attayne vnto Namely they shall seale vp vnto their owne soules infallible testimonies of good and sincere consciences testimonies I saye of their fidelities vnto God testimonies of their allegiance vnto him by whom they haue bene redeemed and testimonies of loue and compassion vnto the whole church of God Nay further our coÌ„mons shal be so farre from bringing anie damage vpon them selues as they shall marvelouslie benefit them selues First by purchasing vnto themselues a large immunitie from manie foule and great greeuances and exactions of money imposed leuied vpon them by officers and deputies of Archbishops Bishops Archdeacons c. Secondlie by hauing the Lord Christ whose cause they vndertake and whose glorie they advance to be a friend vnto their friends and an enemie vnto their enemies And if our Nobles and our Commons be all hushed if they be all at sleepe at peace and at rest we may cast away all feare and be past all doubt that the King can not but holily recreate and solace him selfe and that his gray haires when soeuer they shall come shall neuer be brought to the graue in sorrow but in a good perfect age and peace But happelie it may be replied that Pag. â—9 some of our Nobles and most of our commons be so backwardlie affected Pag. 79. to the trueth of Religion as that rather they would turne head vpon the Gospell then brooke an alteration of Archiepiscopall Episcopal and Archidiaconall Church gouerment In deed if a reformation of the state of the Cleargie were attempted by anie other meanes then by publicke tractation and coÌ„sent of ParleameÌ„t I could not but leane vnto this opinion that the attempting thereof might bring an overthrow to the attempters Because the same attempt should be dishonorable to the name of God as being contrarie to the forme of doctrine receiued But since thinges amisse are required to be redressed by the King and Parleament alone this obiection is altogether vaine and frivolous and is alreadie sufficientlie convinced by that peaceable agreement betweene Nobles and Commons before remembred But let vs wade a litle deeper and search a litle more narrowlie into euery vaine creeke and corner of this supposition And let vs see by what maner of persons this pretensed ouerthrow of the Gospell might be wrought All carnall sensuall and earthly men No feâ—re that prophane men will ouerthrow the Gospell either whose belly is their god or whose god is this world all such men I say as in euery age be of Domingoes religion namely iust iumpe of that religion which the King and State professe they are so farre from attempting ought to ouerthrow the Gospel as vnder the shadow of the name thereof they wil euermore croude and couer their carnalitie and prophanes For they being euermore of euery religion and so in deede of no religion and passing not whether our Sauiour Christ or Beliall be their God sing as the Poët singeth Ais Aio Negas Nego becke and bow cap and knee to whatsoeuer the state and lawe commandes If the King be a Gospeller the Gospell the Gospell and naught els but the Gospell shal be found to roule in their mouthes But let the Crowne once turne by and by they haue turned their coates and as wether cockes with euery puffe of wind are huffed about Whatsoeuer order or maner of gouerment be planted or displanted in the Church the same shal be no corosiue to them It shall neuer sticke in these mens stomackes neither will they lay it to their hearts The King and Counsell is wise inough and knowe what they haue to doe well inough They will not be more forward nor wiser theÌ„ the Prince they will not checke and controll the whole Realme They can not brooke these busie bodies and medlers in matters aboue their reach They wil be none of these new fangled and precise fooles they will not bee backward and come behinde the law as the Papistes doe neither will they be to forward and runne before the law as the Puritans doe But they wil behaue themselues in all things and at all seasons as discrete politike Protestants ought to doe coÌ„forming submitting themselues alwayes to all order authoritie of the Queenes booke lawes setled Yea and though they be not booke learned nor any pen clerkes yet they beleeue well And therefore they will goe to the Church and say a few prayers yea they will receaue the Sacrament at Easter as deuoutlie as the best precisian of them all All these Atheistes and godlesse men being neither hot nor cold neither fish nor flesh nor good red hering plant what plants you will and sow what seedes you list yea make what ditch hedge pale wall or fence you please they set cocke vpon hoope passe not a button for it euery season be it wet or be it dry euery kind of laÌ„d be it clay or be it sand euery furrow be it broad or be it narrow be it deepe or be it shallow pleaseth coÌ„tenteth these medley coates alike They are like vnto Iacobs â—wes which hauinge straked and party coloured rods laid before them in the gutters at a ramming time brought forth none other but partie coloured lambes And therfore they will neuer stir hand nor foote nor once steppe ouer a straw to worke any least anoyance to the Gospell It is good sleeping alwayes for these men in a whole skinne And not much vnlike to these partie coloured slepers are the admoniâ—orie protestants For they as the dutie of faithfull subiectes doe bind them liâ—ing in a state of a Church reformed and hauing libertie in
deforced wronged or otherwise kept or put from his lawfull inheritaÌ„ce estate seysin c. of in or to the same by anie person clayming or pretending to haue interest or title in or to the same that then in all and euerie such case the person so disseysed deforced or wrongfullie kept from his right or possession shall and may haue his remedie in the Kings temporal Courtes as the case shal require for the recouvery of such inheritance by writt originall c. to be devised and graunted out of the Kinges Court of Chancerie in like maner c. It is there likewise provided that that Act shal not extend nor be expounded to giue anie remedie cause of action or suite in the Courtes temporall against any person which shall refuse to set out his Tythes or which shall deteigne c. his Tythes and offerings But that in all such cases the partie c. having cause to demand or haue the same tythes shal haue his action for the same in the Ecclesiasticall Courtes accordinge to the ordenance in the first part of that act mentioned and none otherwise Now then sit hence euery person whether he be laie or Ecclesiasticall having â—â—ght to demand tythes and offeringes hath the partie from whom those tythes 〈◊〉 due bound obliged vnto him and thence also the partie not dividinge yeelding or paying his tythes doth actuallie and reallie deteigne the same and thereby doth vniustlie wrong the partie to whom they be due contrarie to iustice the Kings lawes sithence I say these things be so what alteratioÌ„ or disadvantage could befall or ensue to the common law or the Professors thereof if so bee it might please the King with his Parleament to haue the last part of this Act so to be explaned extended and enlarged as that the same might giue remedie in the Kings temporall Courts by writt original to be devised granted out of the ChaÌ„cerie against any person deteigning his tythes and offeringsâ— the Hospitall of St Leonards in Yorke of the Kings foundatioÌ„ and Patronage Hospitall of S. Leonard 1. 2. H. 6. c 2 endowed of a thrave of corne to be taken yerely of euery plouÌ„gh earing with in the Counties of Yorke Comberlande Westmerland and Lancaster hauing no sufficient or covenable remedie at the common law against such as withheld the same thraves it was ordeigned by the King in Parleament that the Maister of the said Hospitall and his successors might haue actions by writt or plaintes of debt or detinue at their pleasure against all and every of them that deteyned the same thraves for to recover the same thraves with their damages And by a statute 32. H. 8. c. 44. it is enacted That the Parsons and Curates of five parish churches whereinto the Towne of Roysen did extend it selfe and everie of them the successors of every of them shall haue their remedie by authoritie of that Act to sue demaund aske recover in the Kings Court of Chancerie the Tythes of corne hay wooll lambe and calfe subtracted or denyed to bee paide by any person or persons Againe Vicars Parsons or Improprietaries do implead any man in the ecclesiasticall Court for tythes of wood beeing of the age of 20. yeeres or aboue for tyth-hay out of a medow for the which tyme out of mind memorie of man there hath onely some Meade-silver bin paied or if a debate hang in a spirituall Court for the right of tythes having his originall from the right of Patronage the â—uaÌ„tite of the same tythes do passe the â—urth part of the value of the benefice prohibition in all these and sundrie other cases doth lie and the matters are to be tried and examined in the Kinges Courts according to the course of the common lawe vnlesse vpon iust cause there be graunted a consultation And if in these cases in maintenance of the common law the defendants haue relief in the Kinges Courts I thinke it more meete to leave it to the consideration rather of coÌ„mon then to the iudgemeÌ„t of canon Lawiers to determine what alteration the common law could sustayne in case all Plaintiffes aswell as some defendants might pray the Kings ayd for the recovery of tythes especially seeing at this day the maner of paying tythes in England for the most part is now limited by the coÌ„mon and statute lawes of the Realm and not by any forraigne canon law Obiect But there is some fact happely so difficile so secreat and so mystical in these causes of tythes as the same cannot without a very great alteration of the common law be so much as opened before a lay Iudge or of the hidden knowledge wherof the Kings temporall Iudges are not capable Answere Why then let vs see of what nature that inextricable fact may bee I haue perused many libels made and exhibited before the ecclesiasticall What facts touching the witholding of tythes are examinable in the ecclesiasticall Courts Iudges yea and I haue read them over and over and yet for grounde of complaint did I never perceave any other materiall and principall kinde of facte ' examinable in those Courts but onely such as follow First that the partie agent is eyther Rector Vicar Proprieiarie or Possessor of such a Parish-Church and of the Rectorie Vicarage farm possession or dominion of the same and by vertue thereof hath right vnto all Tythes oblations c. apparteyning to the same Church and growing with on the same Parish bounds limitts or places tythable of the same Secondly that his predecessors Rectors Vicars c. tyme out of minde and memorie of man haue quietly and peaceably receaued and had all and singular Tythes oblations c increasing growing and renuing within the Parish c. and that they and he haue bin and are in peaceable possession of hauing and receaving Tythes oblations c. Thirdly that the partie defendant hath had and received in such a yere c. of so many sheepe feeding and couching within the said Parish c. so many fleeces of woll and of so many ewes so many lambes c. Fourthly that the defendant hath not set out yealded or paid the Tyth of the wooll and lambe and that every Tyth fleece of the said wooll by common estimation is worth so much and that every Tyth lamb by coÌ„mon estimation is likewise worth so much c. Fiftly that the defendant is subiect to the iurisdiction of that Court wherevnto hee is sommoned Lastly that the defendant doth hetherto deny or delay to pay his Tythes notwithstanding hee hath bin requested there vnto These and such like are the chief matters The Kinges Iustices are as able to iudge of exceptions against tithes as the ecclesiastical Iudges of fact wherevpon in the ecclesiasticall Courts proofes by witnesses or recordes rest to be made for the recoverie of tythes And who knoweth not but that these facts vpon proofes made before the Kinges Iustices may aswell bee decided by
nominate and elect their new Mayor Sherifes and Baylifes But that the Aldermen principall Townsmen Boroughmaisters and men having borne chief offices in those Cities Townes Boroughes haue easilie bene wrought by ambitious persons to giue their consents vnto vnworthie men though it haue pleased the Ll. Bb. with seene and allowed to haue spred and published this saying yet that the same saying is wholy vnworthie of anie credite to be giuen vnto it or to bee regarded of any wise and indifferent man let the sober peaceable elections made of the worthies of the lande hereafter mencioned be witnesses And to leaue to speake of the election of the Lord The officers in Cities Townes corporate chosen without contentioÌ„ ambitious working of vnworthy men Mayor of the Citie of London Sherifes Aldermen Wardens of companies ChaÌ„berlaynes Bridge-maisters and other annuall officers of honor and dignitie let vs consider whether the Citizens of London haue bene wrought by ambitious persons to choose Maister Wilbraham Maister Onslie Mr Bromly to bee their Recorders all three afterwarde the Queenes sollicitors and Maister Bromly Lord Chancelour of Englande and let vs consider whether the same Citizens as men of affection and want of â—ight iudgement did elect to be Recorders of the same Citie Mai. Serieant Fleetwood Maister Serieant Fleming Maister Serieant Drue and now Maister Crooke a maÌ„ wise learned and religious a CouÌ„seler and Iusticer within the Principalitie of Wales The Recorder of the Towne of Bedford is the right honorable the lord St Iohns of Bletsoe The Recorder of Bristoll was a long time Maister Poppam now Lord chief Iustice of England The Recorder of Northampton before he came to be Iudge in the Kings bench was Maister Serieant Yelverton a favourer of the trueth an vpright Iusticer The Recorder of Warwicke was Maister Serieant Puckering afterward Lord Keeper of the great seale And of the same Towne the Recorder now is a worthie Knight descended from a noble house Sir Foulke Grevile The Recorder of CoveÌ„trie is Sir Iohn Harrington Knight a man zealous for the true feare of God The Recorder of Chichester was Mai. Serieant Lewkner now chief Iustice in the principalitie of Wales The Recorder of Norwich was Maister Cooke the Kings Atturney generall And who soeuer shall enquire after the names after the maner of election of all the Recorders in all other Cities Boroughes of the land I doubt not but he shall find them all to haue bene farre froÌ„ any least shew of ambitious working the Citiezens and Townsmen to nominate and elect theÌ„ Moreover as these Noble persons these sage graue learned and christian Gentlemen quietlie and in all peaceable manner with vpright and good affectioÌ„ and iudgement without ambitioÌ„ haue bene chosen by the Citizens Townsmen Borough-masters to the offices of Recordershippes So likewise manie sundrie honorable CouÌ„selors Honorable Counselors chosen high stewardes without ambitious working haue bene and as occasion is ministred are daily elected by Citizens Townsmen to be their high Stewards Sir FraÌ„cis Knolles an honorable Counsailour one whose faith was famous among the churches as well abroad as at home by the electioÌ„ of the Citizens of Oxford remayned vntill he died high Stewarde of the Citie of Oxford The right honorable Sir Francis Walsingam by the coÌ„mon Counsayle of Ipswich was made high Steward of the same Towne after whose decease the same coÌ„mon couÌ„sell by their electioÌ„ surrogated into the same place the right honorable the L. Hunsdon late L. Chamberlaine the right honorable Sir Christopher HattoÌ„ L. Chancelour of Englande by the Townsmen of CaÌ„bridg was chosen to be high steward for the town of CaÌ„bridge The right honorable the old Earle of Arundell after him the right honorable Earle of Lincolne and after his death the right honorable the Lord High Admirall of England now Earle of Notingham by the Borough-maisters of the Towne of Gildforde was elected to be high steward of the Towne of Gildeford Of all which honorable persons and of all other their Peeres chosen in other places of the Kingdome by the same meanes to the like offices there is great reason iust cause for the reverend Bb. to cary a more reverend estimation towards theÌ„ then to burthen them as ambitious persons to haue sought their places at the hands of men affected wanting right iudgment As for any other offices of credite dignitie charge and gouerment in the common weale now remayning in the choyse of the commons it may easilie be proved that the common people in sundrie places haue bent and opposed theÌ„ selues against ambitious persons who by sinister indirect meanes haue hunted for preferrement at their handes And what if it can not be gayne-said but that some publicke officers chosen by publicke applause of the people haue corruptly behaued themselues in their charges and haue not so equally and indifferently distributed iustice to all degrees as it became them yet this their misdemeanor can no more iustly be laid as a fault nor any more disgrace or discountenance the ancient and commendable forme and manner of election then the hipocrisie or counterfeyt zeale of an euill man ordeyned by the Bishop to be a Minister can be imputed vnto his letters of orders or manner of ordination Besides if none bee able to proue that the choyse of the Knights Knights of the Shires other officers chosen by the people without trouble to the state of our Shires Coroners of the Counties Verderers of the Kings forrests resting in the free voices and consents of the freeholders that the nomination of the high Constables being in the disposition of the Iustices of peace at their quarter sessions that the choyse of our peti-Conestables third Boroughes Tything men Church wardens Wardens for the high wayes overseers for the poore side men such like remayning altogether in the free election of the sutors to courts leets and law dayes and of the inhabitants Parishioners of every Village Hamlet or Tything haue bene troublesome to the Lievetenants of the Shires to the Stewards of our Courts to the Lords of our liberties nor to the Ordinaries of the Diocesses If I say there be not any one man able to bring foorth some few persons for many yeres passed by whom the Officers and Magistrates of the Queenes peace haue bene sued vnto and importuned for the pacification of any strife contention or debate of any busy head or ambitious person raysed among the people about the choise of any one of these Officers then I say it is meete and it importeth the Lords Bishops very deepely that for ever hereafter they bee silent and never any more vtter so vile a slander against so Noble a people as are the people of England viz. that vpon affection and want of right iudgment they will easily be led by ambitious persons to preferre vnworthy persons vnto all Offices of gayne or dignitie Or that
commaund a Minister to be presented ordeyned elected to be a Pastour in a parochiall Church as hee hath to coÌ„maund a Bishop to be elected confirmed and coÌ„secrated to an Episcopall sea And are we not then merveylouslie giddi-headded new-fangled and strange innovators Againe when wee desire that the King at the humble suite of the Ministers the Patron and the people would be pleased to confirme and admitt the Patrones Clerke in to the temporalities of a benefice what other thing is required but that the possession of no church should be delivered vnto any Minister without the Kings publike writt And would not this breed a perilous sturr garboyle discord and contention when the Archdeacons pretie signet as Dagon falling downe before the Arck should giue place bow down and do reverence vnto the Kings of England seale at armes Oh! but in this platforme there be other dangerous innovations and alterations not to be atteÌ„pted Yea And what then be they The Admonitor him self The Prophets ought to bee tried by the Prophetes in his admonition holdeth Yea Mai. Bilson and all other supporters of the Hyerarchie defended That the Cleargie ought to iâ—dge of the Clergie and that the Prophetes ought to be tried examined and ordeyned onely by the Prophetes and that the spirites of the Prophetes are subiect to the spirites of the Prophetes Wherein then consisteth the disagreement and variance betweene vs and them touching the ordination of a Prophet by Prophetes or of a Minister by Ministers Certes to mine vnderstanding there is none other matter of dissonancie in this case but even alonely this viz. That he by these wordes the spirites Corinth of the prophetes are subiect to the prophetes intendeth that the Spirits of many prophetes touchinge their triall examinatioÌ„ and ordination are subiect to the spirit of one prophet and that Whether the spirites of manie Prophets be subiect to one or of one to many therefore one prophete by his owne spirite may trie examine and ordeyne manie Prophetes Whereas on the other side we affirme that one prophet according to this rule of our holy faith is to speake and the other prophetes are to iudge and that no one prophete may trie examine or ordeyne many prophetes Because from this place wee gather that the spirites of many prophetes in the ordinarie course of the ministerie of the Worde were neuer subiected in this case to the spirite of one Prophete But in this platforme there is no mention made of the King if he bee patrone neither is there any institution spoken of and then howe can any action of quare impedit bee brought to try the right if two patrones pretend title to the Patronage besides the Patrone by this platforme must fetch his Clerckes only from the Vniversities Schooles of learning and Nurseries of the Ministerie whereas now he hath libertie to present any Clerke wheresoever or howsoever ordayned Againe strife and contention may arise in the presbytery betwene the Bishops and the Ministers them selues appointed to be examiners and ordeyners which of the two Clerkes nominated by the Patrone is most worthy to be preferred If both the Patrones Clerkes for non abilitie or criminousnes be refused who shall then nominate and to whom shall the election devolue And lastlie what if the Bishop and presbytery shall disalow one for vnabilitie which in deed is notwithstanding of abilitie to teach to all these difficulties thus wee aunswere If the Kinges Maiestie be Patrone to any benefice with cure of soules because Touching the Kinges patronage we iudge and confesse him to be a King endowed with a rare and singuler spirit of zeale for the glorie of our God with an excellent spirit of loue for the saluation of the soules of his subiects and to be the Nehemiah of our age sent vnto vs from aboue for the building of the walls and reedifying of the ports of the house of God which were brokeÌ„ downe and devoured We for our partes doubt nothing at all nay rather we most certeynly perswade our selues his Highnes having once bene pleased to prescribe all wholesome commendable lawes vnto his people will also vouchsafe much more to prescribe lawes yea and to be a law vnto him selfe And that his Maiestie wil set this busines of the Lords house so neare vnto his Kingly Christian heart by the planting of able Ministers in all the Churches of his Highnes Patronage as that all other Patrons by his godly example wil be excited readily to walke in the Kings path to weare the Kinges coloures and to become the Kinges chiefe favourytes in this so holie a worke And therefore touching the Kings Patronages cum Maiestas imperatoria H. de ley fidei 3. l. ex imperfecto legibus esse soluta videatur wee commend them wholy to the Kinges most Christian care providence and fidelitie The Bishops institution and writt of quare impedit wee graunt must cease The Bishops institution may cease but in place of institution the election ordination by the Presbytery succeedeth and the Clerke nominated by the Patrone elected and ordayned by the Presbyterie shall haue idemius ad Ecclesiam in Ecclesia which in formeâ— times the Clercke presented by the Patrone and instituted by the Bishop was wont to haue If any suite in law happeÌ„ for the right of Patronage betwene two or moe PatroÌ„s If suite fall out betwene two patrons what then may bee done pretending title to the gift of one benefice It seemeth that this suit might haue far easier and more speedie way of triall by some other writt then by the writ of quare impedit for vpon this writ many times by negligence or vnskilfulnes of the Aturneyes it falleth out that one of the parties is driven some times to sitt downe by great losse and not to haue his title tried at all onely for want of some ceremoniall forme not observed in the pleadings of the cause And therefore both Patrones within the time to be limited by the Kings writ having nominated their Clerkes to the Presbytery as heretofore they presented to the Bishop we leaue it to be considered whether it were not meet and convenient that the Presbitery should wholy defer the election ordinatioÌ„ of eyther their Clerks vntill the right of patronage were finallie adiudged before the Kings Iustices at the common law vpoÌ„ which iudgment passed they might then without scruple or impediment proceede to the full election ordination of that Patrones Clerke for whom the iudgment was given By which maner of triall if the action might bee brought in the namâ— of Patrone against Patrone the Clerkes should not onely be freed from much obloqui wherevnto they are now subiect by prosecution of suites at law one Clercke against another but also they should bee exempted from all expence labour and turmoile with which heretofore they haue incumbered theÌ„ selues to the hinderance of their studies and decay of
their estates by pursuing the Patrones title at their owne charge Neither might the occasion of suite about the right of Patronage be any lett or hinderance that the Church in the meane time should be left as a Widow destitut of an husbaÌ„d For any one of the Clerkes nominated by either of the Patrones might be apointed by the Presbyterie to preach the word and publickly to pray vntill the controversie were ended And out of the fruites also of the same Church remayning in the custodie of one of the Patrones or sequestred by the Kinge to the vse of the next incumbeÌ„t he might haue such allowance as were requisite for the time of his continuance in that place And for the Sacraments if any were of necessitie to bee administred some other Minister neare adioyning might be provided to administer the same as in many places it hath bin and is now daylie vsed in like cases of vacancie That the Patrone should bee curbed with two hard a bridle as being barred The curbing of a patrone with to hard a bridle answered to fetch his Clerckes from any other place then froÌ„ the Vniversities or other Schooles and Nurseries of learning is a matter if it be well weighed of lesse importance then the Admonitor would insinuate the same to bee First it is not of necessitie required that all Patrones should at all times fetch all their Clerks from those places not froÌ„ else where For many times it may happen vpon iust cause for the benefite of the Church that a Clerke already ordained and placed in one Church may bee remoued from the same to another But only the meaning is according to the lawes and canons already setled that the greatest parte of the Patrones Clerckes must of necessitie bee called thence because they can not ells where bee had Now then whereas the law intendeth euery Church to be a wife and to haue an husbande to be a body and to haue an head the lawe as a parent vnto the Church hath provided vntill shee bee a widow in deed that no husband be provided for her And therefore by sundrie as well ancient Decrees as by Canons of Ex de prebend c. tuiâ— lib. 6. de prebeÌ„d si Episcopus Discipline made and published by the Bishoppes 1571 it is decreed and confirmed That the Bishoppe shall lay his handes on none or at anie other time but when it shall chaunce some place of ministratioÌ„ is voyd in the same Diocesse As for stipendarie Curates it is expresly against the policie of our Church that any should bee ordeyned a Minister to serue onlie as an hireling From which Decrees and Canons alreadie setled as I sayd before it followeth for the most part that the Patrones Clerkes to be ordained of necessitie must be called from the Vniversities or other places of learning For if every place of ministration be full and none must be made a Minister vntill some place be voyde then albeit some patrones vpon good causes to be allowed by publick discipline might be permitted to nominate some Clerkes alreadie placed in administrations Yet in the end as well the patrones of those Churches from whence these are to bee remoued as other patrones also manie benefices at one time beeing voyde must of necessitie seeke out men to bee ordeyned which never were ordeyned to the ministerie before And where are these to be sought if not onelie at the Vniversities or other Schooles Nurseries of learning For that prophetes in the ordinarie time of prophesying shuld be taken from the feete of the Apothecaries Taylors Drapers Milners Mercers Prophets in the ordinary time of prophesying to be taken out of the Scholes of Prophets or from the butry pantry kitchen celler or stable of any Bb. Peere Knight or Gentleman and not from the feete of the prophetes is a thing abhominable and odious vnto God and man Wherein theÌ„ doth this platforme in this point of fetching Ministers onely from the Vniversities or other places of learning differ from the intendement of lawes setled Or wherein can the patrones receyue any detriment by such a practise Nay they are so farr from receiuing anie The differeÌ„ce betwene the platform and the Bishopps practise preiudice hereby as indeed both they their Clerkes shall reape great commoditie by it Wherin I grant some discrepance to consist betweene the Bb practise and this platforme For the Bb. at one time allowe a Clerke for habilitie and at another time dissallowe the same Clerke for non habilitie And him whoÌ„ they haue ordeyned and adiudged to day worthie of an office they manie times disordayne him to morow and refuse him as a person vnworthie to possesse a benefice Whereas on the contrarie part we thinke it verie absurd vnreasonable to barre any man from a benefice whom the Governours of the Church shall iudge worthie to beare an office So that the Patrone by this platforme should be sure if at any time hee nominate a Clerke alreadie ordeyned that the same Clerke vnlesse it were for crime or some defect after happeninge should neuer be refused And if such be the lawes liberties of the Ordinaries what alteration of the law or preiudice to the Patrone could it be if by a newe law the King provided new meanes to put his old lawes in due execution If vpon difference of iudgement anie variance should arise betweene the Ministers Vpon differeÌ„ce of iudgment about the abilitie of a Clerke what may be done appointed to elect and ordeyne whiche of the Patrones Clerkes were most worthie the same diuersitie we assure our selues can breede no greater inconvenience nor further daunger then doth now daylie fall out in the election of schollers fellowes heades of Houses in the Vniversities or of other Officers in Colledges Cathedrall churches and bodyes politicke or corporate As those controversies therefore haue bene and are appeased by the good orders lawes of those places eveÌ„ so might these also And therfore some good law might be made to this effect viz. If any foure of the seven did agree togither vpon anie one Clerke nominated by the patrone that the same foure should strike the stroke and make the election good against the other three Neither doe we thinke it to stande with reason that the Archipresbyter or any other Minister among the seuen should necessarilie be of the quorum For if any one of the seuen should necessarilie be of the quorum theÌ„ having as it were a negatiue voyce against all the rest if he should bee wayward and apt to contention hee might then alwayes frustrat the election either by opposing him selfe to all the rest or by inclining to the lesser worser part as lately came to passe about the electioÌ„ of a Scholler among great Doctours If A Clerke refused for nonabilitiâ— to whom the nomination may devolâ—â—e both the Patrones Clerkes should bee disabled by those vnto whom the iudgment of their nonhabilitie
honorable CouÌ„cell keeper of the Kings privie Seale or two of them calling vnto them one Bishop one temporal Lord of the Kings most honorable Councell the two chiefe Iustices of the Kinges bench and common Pleas for the time being or other two of the Kings Iustices in their absence haue full power and authoritie to punish after their demerits all misdoers being founde colpable before them If wee search our statutes besids the Courts and matters determinable in these spoken of before we shall find that the complaints of errour whether it touch the King or any other person 31. E 3. c. 21 made in the Exchecquer should be done to come before the Chancelor Treasurer who taking to them two Iustices other sage persons are duely to examine the busines and if any errour be found to correct amend the Roles c. By reason of delayes of iudgments vsed in the Chauncerie in the 14. E. 3. c 5 Kinges bench common bench and in the Exchecquer it was assented established and accorded that a Prelate two Earles and two Barons chosen by the ParleameÌ„t by good advise of the Chancelour c. shall proceed to take a good accord and to make a good iudgement When it was complayned vnto the King that the profites c. of his Realme by â—0 K. 2. c. 1 some great Officers c. were much withdrawen and cloyned c. it pleased the King c. to coÌ„mit the surveighing aswell of the estate c. of his house c. vnto the honourable Fathers in God William Archbishop of Canterburie and Alexander Archbishop of Yorke c. by a statute of commission for a 6. H. 6. Sewers by a statute for punishmeÌ„t of b 11. H. 5. c. 25. periurie by a statut against making or executing of actes or ordinances by any c 19 H. 7. c. 7. Maisters c. being not examined c. by the Lord Chancelour Treasurer or chiefe Iustices c. By a statute for the erection of the Court of d 27. H. 8. c 27. AugmeÌ„tation by a statute for erection of the Court of firste e 32. H. c. 45. fruits tenthes and lastly by an f 27. Eli. c. 8 acte for redresse of erroneous iudgements in the Court commonly called the Kinges Bench By all these statutes I say it is very apparant that the Administration of publike affaires in the coÌ„mon weale hath never bene vsually committed to the advisemnet discretion or definitiue sentence of any one man alone Which point is yet more fully and more perfectly Lord president and counsell in Wales Lord president couÌ„sell in the North parts Lord Deputie counsell in Irelande The Kinge and his honorable privie Counsel to be vnderstood by the establishment continuance of the Kings Lord President and Councell in Wales of the Kings Lord President and Counsel established for the North of the Kinges Lord Deputie and Councell within the Realme of Irelande of the Kings Highnesse most honorable privie Councell chosen by him for the assistance of his Royall person in matters apperteyning to his Kingly estate and lastly of the supreame and grand Councell of the three estates in Parleament for matters concerning The Kinge his grand Counsell in Parleament the Church the King and the common Weale For whether respect bee had vnto the secrete affaires of the Kings estate consulted vpoÌ„ in his Highnesse Councell Chamber by his privie Counsaylors or whether we regard the publike tractation of matters in Parleament there can bee no man so simple as not to knowe both these privie and open negotiatioÌ„s to be carried by most voyces of those persons who by the King are called to those honorable assemblies And what a vaine iangling then doth the Admonitor keepe how idlely and wranglingly doth he dispute when against the government of the church by Pastours and Elders he obiecteth that the same will interrupt the lawes of the Realme that it wil be great occasion of partiall affectionate dealing that some will incline to one parte and that the residue wil bee wrought to favour the other and that thereby it wil be a matter of strife discord schisme and heresies Howbeit if never any of these extremities and dangers haue fallen out in the common weale by any partiall or affectionate dealing of the Kings Deputies Presidents Iudges Iusticers and other Officers Ministers associated vnto theÌ„ for the administratioÌ„ of Iustice or equitie in any of the Kings civill Courtes howe much lesse cause haue we to feare any partialitie affectioÌ„ working inclination favour strife debate schismaticall or hereticall opinions if once Pastours and Elders in every Congregation and not thoroughout a Diocesse one Bishop alone had the spirituall administration of the church-Church-causes Can many temporall Officers Iusticers and Iudges rightly and indifferently administer the law and execute iustice and iudgment without that that some doe incline to one part without that the residue bee wrought to favour the other part And cannot spirituall Officers dispatch spiritual affaires without that that they be partially affectionally disposed What is it so easie a matter that the Ancients of God and the Ministers of Christ can the one part incline to righteousnes and the residue be wrought to favor wickednes can some incline to God and vnto Christ and can other some be wrought to follow Satan and Antichrist For what other controversie is required to be decided by Pastours and Elders then the controversie of sinne betwene the soule of man and his God And is there any Christian Pastour or Elder that wil be wrought rather to favour the sinne of a mortall man then the glorie of his immortall God But to leaue the state of the Kingdome and common weale and the good vsages and customes of the same let vs come to the state of the Church it selfe and to the lawfull government thereof established even amongst vs at this day The gouerment of the Church ought not to be by one alone For whatsoever our reverend Bishoppes practise to the contrarie yet touching ordination and deposition of Ministers touching excommunication and absolution touching the order and rule of Colleges Cathedrall churches and the Vniversities the ecclesiasticall law doth not commit the administration of these things and regiment of these places to any one person alone The Vniversities admit not the goverment of the Chancelour being present nor of his Vicechancelour The gouerment in the Vniuersities not by one alone him selfe being absent as of one alone the Doctors Procurators Regents non-Regents haue all voyces and by most of their voyces the Vniversitie causes take successe The businesses The goverment in Colleges not by one alone of Colleges by the statutes of their founders are commended to the industrie and fidelitie of the President Vice-president and fellowes vnto the Provost Viceprovost and fellowes vnto the Warden Sub-warden and fellowes vnto the Maister
in the same Sea for anie other profitable vse or purpose then onely for wearing of a whyte rochet walking with a pastorall staffe keeping seuen yeares Sabboth from preachinge in his parishe Church of Fulham consecrating of Chappels hallowinge of Fontes Christening as they call it of Belles whyting of Walles painting of Tombes garnishing of Sepulchres preserving of superstitious Monumentes in glasse Windowes repayring and gylding rotten and outworne Crosses confirming Leases of Benefices with cure of soules vpon small rentes improprying Churches or such like For if the great thinges of his Episcopall power may bee transferred eyther by expresse or by secret consent eyther by commission or custome and that as well to an inferiour as to a superiour as well to a Suffragane a Deane an Archdeacon and a Prebendarie as to an Archb. then it seemeth reasonable that the smaler things before spoken of may well bee performed without anie Lordly authoritie When I had thus finished according to our line that whiche I firste vndertooke against the Admonitors pretensed dangerous alterations innovations and inconveniences was also purposed to haue added that which in myne opinion seemeth to prove that whiche the Admonitor by his opinion denyeth viz that the externall goverment of the Church should alwayes and in all places bee one when I saye I had thus purposed by reason of some other present and for the time more necessarie occasion I was drivē to alter my mind and to shewe the same in a place somewhat more convenient And yet in the meane whyle it shall not be amisse but a thing verie necessarie in this place so to cleare the state of the question betweene the Admonitor and mee as the same beeing rightlie before hande vnderstoode there might no preiudicate opinion bee conceaved against the trueth The Admonitor against the not having of one forme of externall policie in all ages and states of the Church of Christ alleadgeth that in Denmarke they haue Bishoppes both in name and in office that in Saxony they haue Archbishoppes and Bishoppes in office but not in name that in Tigure they haue no Senate of Elders nor the discipline by excommunication which they more mislike that in Geneua in Scotland in other places they haue a gouernment not much vnlike that platforme which is desired to be amōg vs that in Saxonie Basill they kneele at the Lordes Supper all Tigure they sitt it is brought vnto thē that in other places they go and receyue it for the more expedition as they passe And that he doubteth not but that the learned men whom God sent to instruct those churches in which the Gospell in those dayes was first receyued haue bin directed by the spirit of God to reteyne this libertie that in externall gouernment and other outward orders they might choose such as they thought in wisedom and godlines to bee most convenient for the state of their countrey and disposition of the people Vnto all which we answere briefelie viz. that Bishoppes both in name and in office beeing of diuine institution ought aswell to bee in the Church of England as of Denmark that it is an errour by their leaue in the Church of Saxony not to haue Archb. and Bb. in name if so be they hold it lawful to haue Archb. and Bishops in office For what should a necessarie officer doe without a conuenient name And touching the Church of Tigure it is not materiall what the same church doth thinke not tolerable or doth more mislike but what shee ought not to mislike or what it ought not to think tollerable And thē what a poore proofe is there here made trowe we for the confirmation of the corruptions in the Church of England by producing for two witnesses two erroures in the Church of Tigure For not to like a Senate of Elders and more to mislike excommunication is more and more to slide out of the right way And sithence we haue the whole christian Kingdome of Scotland the most famous and renowmed Church of Geneua and sundrie Churches by his confession in other places to be lights vnto vs and to agree with vs in a gouerment not much vnlike to that which we desire wee haue not only great cause to reioyce in this our desires but also to be much comforted and encouraged by these examples by all holie meanes to labour the full accomplishment thereof For by this testimony by these instances giuen produced by him selfe the Admonitor hath quite and cleane weakened and disabled his owne generall position opinion and thoughts of the vnnecessaries and inconvenientnes of hauing the Apostolicall and primitiue gouernment in the time of peace vnder a Christian Magistrate For hath not the free Kingdome of Scotland the free Citie of Geneva and other Soueraigne and free Princes Potentates and Powers not being vnder Tyrantes and persecution receaved the same as being the best the fittest the convenientest most necessarie gouerment yea even in the time of peace and vnder their christian Magistracie for the state of their countrey and disposition of their people And as touching rites ceremonies we affirme not that every rite ceremonie or circumstance to be vsed in the externall execution of church goverment is preciselie sett down in the holy Scriptures but touching the substance of goverment thus we say and thus we hold viz. that the Officers and Governours appointed by our Saviour Christ to bee over the Churches in everie Countrey observing the generall rules of decencie comelines and edification haue libertie with the consent of their Christian King or other supreame Magistrate to choose what rites ceremonies they in wisedome and godlines shall thinke most convenient And therefore wee graunt that the officers of Christ in the vse and dispensation of their functions are no more exactlie tyed by any direct commandement in the holy Scriptures to vse at all times and in all places one only maner of rites ceremonies then were the Priests of the law to vse all one maner of kniues to kill their sacrifices or the singers to sing all songes after one maner of tune or vpon one kind of instrument or then are Kinges Princes in all Countreys commanded to vse all kind of circumstances in the outward execution of civill iustice in their common weales As then as it was lawful for the Priests to haue kniues and trumpets of divers fashions and for the Levites to haue their Musicall instrumentes of divers formes Nay as sundrie Iustices of peace in sundrie Shires of the Kingdome are not bound to keepe their quarter sessions all in one day to begin to breake their sessions at one instant to stande to sit to walke when soever they speake to weare all one fashion hates cappes cloakes or gownes and such like so likewise is it with the Bishops Pastoures and Elders of the church In the ministration of Baptisme there is no direct cōmandment that the vessel to hold the water for the